Question
Ruth Thomas owns a home that has been pledged to First Bank and Trust to secure a mortgage debt of $60,000. Ruth Thomas sells her
Ruth Thomas owns a home that has been pledged to First Bank and Trust to secure a mortgage debt of $60,000. Ruth Thomas sells her home to John Kendall, who purchases the home and assumes the mortgage held by First Bank and Trust. John Kendall subsequently sells the home to Mark Murphy, who purchases the home subject to the First Bank and Trust loan. The First Bank and Trust loan goes into default. Can First Bank and Trust Company foreclose on the home? Can First Bank and Trust Company sue Mark Murphy for the debt? Can First Bank and Trust Company sue John Kendall for the debt? Can First Bank and Trust Company sue Ruth Thomas for the debt? In the event Ruth Thomas pays the bank in full, what remedies does she have against John Kendall or Mark Murphy or against the real property?
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